Is the sick Zbigniew Ziobro obliged to testify before the commission? It’s already known

Katarzyna Wiązowska2024-02-29 09:04, act.2024-02-29 09:24edactor Bankier.pl

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2024-02-29 09:04

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2024-02-29 09:24

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Although Zbigniew Ziobro was called to testify before the investigative committee in the Pegasus case, he is currently unable to do so due to his illness. However, such absence should be properly documented – reports “Rzeczpospolita”.

fot. Adam Chelstowski / / FORUM

As attorney Radosław Baszuk explains in “Rzeczpospolita”, in accordance with the Code of Criminal Procedure, justified sickness absence of a witness or a suspect in a criminal trial or before a commission requires the presentation of a certificate confirming the inability to appear when summoned or notified by a court doctor to the authority conducting the proceedings.

– So if I am summoned as a witness or suspect, either in a strictly criminal procedure or in a procedure before an investigative commission, I must present a certificate from a court doctor, which will confirm my inability to appear on the summons – says Radosław Baszuk, quoted by “Rzeczpospolita”.

A certificate from a court doctor is required

According to the lawyer, the court doctor is to issue a certificate that a given person cannot appear at an interrogation, meeting or trial due to his or her health condition. However, the Act on the Medical Examiner specifies some situations and exceptions to the main rules. Therefore, if the health condition of the person summoned for questioning does not allow him to appear for the examination, the court doctor should conduct it at the place of stay of the person and then issue an appropriate certificate.

– If Zbigniew Ziobro is seriously ill with oncology and is treated with chemotherapy, his participation in any proceedings should be considered impossible. If this is not the case, you need to look at the sick leaves presented by the former Minister of Justice, says lawyer Maciej Gutowski, quoted by “Rzeczpospolita”.

If the patient is in hospital, medical documentation is sufficient

However, if the person summoned for questioning is staying in a hospital or other health care facility intended for people whose health condition requires the provision of 24-hour health services, then the court doctor may issue a certificate based on the documentation provided, without a personal examination of the summoned person. However, the certificate must state the reasons for withdrawing from the personal examination.

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